Workers' Compensation

Recent Posts

California Workers' Comp Case Roundup (10/28/2015)
Posted on 28 Oct 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Tags: contributing cause , labor market , cancer presumption , disability retirement , public safety employees , costs , 2005 PDRS , Permanent Total Disability , Jurisdiction , California workers compensation , exclusive remedy , venue , permanent disability rating , rebuttal , professional athletes , choice of forum , verification

Self-Procured Surgery Not Found Medically Reasonable or Necessary: Cal. Comp. Cases October Advanced Postings (9/22/2015)
Posted on 22 Sep 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Tags: post termination , medical treatment , death claim , presumption , California workers compensation , surgery , rebuttal , timely , medically necessary

California Workers’ Compensation: 2015 Year in Review
Posted on 7 Dec 2015 by Julius Young

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter... Read More

Tags: appeal period , MTUS , Medical Treatment Utilization Schedule , undocumented workers , staffing firms , independent bill review , injury aoe/coe , cancer presumption , home health care fee schedule , OMFS , drug formulary , ICD-10 , IMR , due process , firefighter presumption , cheerleaders , self-insurance , On-Demand Economy , 2005 PDRS , Herlick Handbook , IBR , benefit notice , copy service fee schedule , California workers compensation , employee status , UR , MPN , Qualified Medical Evaluator , QME , rebuttal , causation , Medical Provider Networks , lien activation fee , utilization review , Death Benefits , cross-examination , bunkhouse rule , prescription drugs , premises line rule , Official Medical Fee Schedule , independent medical review

California Apportionment: The “How and Why” Standard and Independent Determinations by Specialty
Posted on 18 Mar 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Key Takeaways: 1. The approximate non-industrial apportionment determination in any medical report must meet the “how and why” standard 2. Reporting physicians in different medical specialties must assess and determine apportionment... Read More

Tags: industrial cumulative , Apportionment , California workers compensation , how , why , rebuttal , strict rating

California: Elements for Rebuttal of a Strict Rating of the AMA Guides
Posted on 25 Sep 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

One of the primary goals and foundation of the workers’ compensation system is to provide adequate medical treatment for injured workers, enabling them to promptly return to their usual and customary jobs. Hence, it is not unusual for a worker to... Read More

Tags: ADL , Almaraz Guzman , whole person impairment , permanent disability , AMA Guides , California workers compensation , Guzman III , WPI , rebuttal , activities of daily living , strict rating

California: How to Prove a LeBoeuf Rebuttal
Posted on 26 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a... Read More

Tags: Dahl v. Contra Costa County , Almaraz Guzman , PDRS , permanent disability , California , DFEC , AMA Guides , diminished earning capacity , Ogilvie III , rebuttal , vocational expert

Guzman III: "Sifting The Wheat From The Chaff"
Posted on 2 Sep 2010 by Raymond F. Correio

By Raymond F. Correio, Senior Associate, Pearlman, Borska & Wax In the wake of the 6th District Court of Appeals Decision in Guzman III issued on August 19, 2010, there has been a veritable "tsunami" of articles and commentary analyzing... Read More

Tags: AMA Guides , Guzman , rebuttal , impairment

California: How to Prove a LeBoeuf Rebuttal
Posted on 26 May 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

New Clues on Applying an Ogilvie III Analysis in a DFEC Rebuttal Case In a recent panel decision of Dahl v. Contra Costa County (ADJ1310387) issued on May 18, 2012, the WCAB commissioners shed some light on how to apply an Ogilvie III analysis in a... Read More

Tags: Dahl v. Contra Costa County , Almaraz Guzman , PDRS , permanent disability , California , DFEC , AMA Guides , diminished earning capacity , Ogilvie III , rebuttal , vocational expert

Supreme Court Denies Review in Guzman Case
Posted on 12 Nov 2010 by Richard M. Jacobsmeyer

The California Supreme Court has declined to review the 6 th District Court of Appeal decision in the Milpitas USD v W.C.A.B. (Guzman) decision rendering that case now final on the issue of a rebuttal to the AMA guideline portion of the AMA guidelines... Read More

Tags: calculation of apportionment , AMA guideline , percentage of disability , Almaraz Guzman , Milpitas USD v W.C.A.B. , Richard M. Jacobsmeyer , California Supreme Court , Guzman , rebuttal